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15:0469(99)CA - Florida NG and NAGE Local R5-91 -- 1984 FLRAdec CA

[ v15 p469 ] 15:0469(99)CA
The decision of the Authority follows:

15 FLRA No. 99
FLORIDA NATIONAL GUARD
Respondent
and
NATIONAL ASSOCIATION OF GOVERNMENT
EMPLOYEES, LOCAL R5-91
Charging Party
Case No. 4-CA-300
5 FLRA 365
SUPPLEMENTAL DECISION AND ORDER
On March 20, 1981, the Authority issued a Decision and Order in the
above-entitled proceeding in which it found that the Respondent failed
and refused to comply with section 7131(a) of the Federal Service
Labor-Management Relations Statute (the Statute) in violation of section
7116(a)(1), (6), and (8) of the Statute when it failed and refused to
provide employee Ronald L. Meier official time in connection with
Federal Service Impasses Panel impasse proceedings held on August 22 and
23, 1979. In addition, the Authority found that the Respondent failed
and refused to comply with section 7131(a) of the Statute in violation
of section 7116(a)(1), (6), and (8) of the Statute when it failed and
refused to provide related travel and per diem expenses. Thereafter,
the Respondent petitioned the United States Court of Appeals for the
Eleventh Circuit for review of the Authority's Decision.
The Court granted Respondent's petition for review and denied the
Authority's cross-application for enforcement of the Authority's order
on March 7, 1983, Florida National Guard v. FLRA, 699 F.2d 1082 (11th
Cir.), cert. denied, 104 S.Ct. 524 (1983). In its decision, the
Eleventh Circuit concluded that the obligation of an agency under
section 7131(a) of the Statute to provide official time to an employee
representing an exclusive representative in the negotiation of a
collective bargaining agreement does not encompass the payment of travel
expenses and a per diem allowance.
Pursuant to the decision of the United States Court of Appeals for
the Eleventh Circuit, and in accord with the decision of the Supreme
Court in Bureau of Alcohol, Tobacco and Firearms v. FLRA, 104 S.Ct. 439
(1983), the Authority dismisses the allegations of the complaint
pertaining to the Respondent's failure and refusal to reimburse its
employees for their travel and per diem expenses and hereby vacates its
prior Order in this regard. Accordingly, the Authority shall issue the
following Order and require that the accompanying Notice To All
Employees be posted in this matter.
ORDER
Pursuant to section 2423.29 of the Rules and Regulations of the
Federal Labor Relations Authority and section 7118 of the Statute, the
Authority hereby orders that Florida National Guard, Jacksonville,
Florida, shall:
1. Cease and desist from:
(a) Failing and refusing to provide Ronald Meier, or any Agency
employee, official time for time engaged in representing the National
Association of Government Employees, Local R5-91, the employees'
exclusive representative, during Union-Agency negotiations of a
collective bargaining agreement or attendance at an impasse proceeding,
equal to what an employee engaged in official Agency business would be
entitled.
(b) In any like or related manner interfering with, restraining, or
coercing employees in the exercise of their rights assured by the
Statute.
2. Take the following affirmative action in order to effectuate the
purposes and policies of the Statute:
(a) Provide Union representative Ronald Meier official time of 7 3/4
hours per day for the performance of his representational duties on
August 22 and 23, 1979, and adjust the annual leave charged to him for
both days accordingly.
(b) Post at all of its offices in Jacksonville, Florida where unit
employees are located, copies of the attached Notice on forms to be
furnished by the Federal Labor Relations Authority. Upon receipt to
such forms, they shall be signed by the Adjutant General, or his
designee, and shall be posted and maintained for 60 consecutive days
thereafter, in conspicuous places, including all places where notices to
employees are customarily posted. Reasonable steps shall be taken to
insure that said Notices are not altered, defaced, or covered by any
other material.
(c) Pursuant to section 2423.30 of the Authority's Rules and
Regulations, notify the Regional Director, Region IV, Federal Labor
Relations Authority, in writing, within 30 days from the date of this
Order, as to what steps have been taken to comply herewith.
IT IS FURTHER ORDERED that the complaint in Case No. 4-CA-300 be, and
it hereby is, dismissed insofar as it alleges a violation of section
7116(a)(1), (6), and (8) of the Statute based on the failure and refusal
to reimburse employee Ronald L. Meier for his travel and per diem
expenses.
Issued, Washington, D.C., August 9, 1984
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
NOTICE TO ALL EMPLOYEES
PURSUANT TO A DECISION AND ORDER OF THE FEDERAL LABOR
RELATIONS
AUTHORITY AND IN ORDER TO EFFECTUATE THE POLICIES OF CHAPTER 71
OF TITLE
5 OF THE UNITED STATES CODE FEDERAL SERVICE LABOR-MANAGEMENT
RELATIONS
WE HEREBY NOTIFY OUR EMPLOYEES THAT:
WE WILL NOT fail or refuse to provide to Ronald Meier, or any Agency
employee, official time for time engaged in representing the National
Association of Government Employees, Local R5-91, the employees'
exclusive representative, during Union-Agency negotiations of a
collective bargaining agreement or attendance at an impasse proceeding,
equal to what an employee engaged in official Agency business would be
entitled.
WE WILL NOT in any like or related manner interfere with, restrain,
or coerce our employees in the exercise of their rights assured by the
Statute.
WE WILL provide Union representative Ronald Meier official time of 7
3/4 hours per day for the performance of his representational duties on
August 22 and 23, 1979, and adjust the annual leave charged to him for
both days accordingly.
(Agency or Activity)
By: (Signature)
Dated: . . .
This Notice must remain posted for 60 consecutive days from the date
of posting, and must not be altered, defaced, or covered by any other
material.
If employees have any question concerning this Notice or compliance
with its provisions, they may communicate directly with the Regional
Director of the Federal Labor Relations Authority, Region IV, whose
address is: 1776 Peachtree Street, NW, Suite 501, North Wing, Atlanta,
GA 30309, and whose telephone number is (404) 881-2324.